We will be failing in our duty if argument of Shri Maheshwari
relating to “acting under dictate” is not taken into account. On the basis of certain social media posts of the Chief Minister of the State wherein he expressed his view that persons involved in black marketing of Remdesivir/drugs should be detained under NSA Act, it was argued that the detention order passed by the District Magistrate is in furtherance of said posts and amount to acting under dictate. We do not see any merit in this contention. The social media posts cannot be equated with an administrative order/instruction. It is not necessary that every social media post of a government functionary is seen/read out and followed in the administrative hierarchy. Had it been an executive instruction/order issued by higher functionary to act in a particular manner and in obedience thereof District Magistrate
would have passed a detention order, perhaps the matter would have been different. Unless a clear nexus is established between the social media posts and the detention order, it cannot be said that District Magistrate has acted under dictate. Apart from this, the impugned order of District Magistrate has been examined by us on the necessary parameters and it was found that he has used his discretion in accordance with law and thus this argument of petitioner must fail. {Para 29}
High Court of Madhya Pradesh:
Bench at Indore
Case Number WP No.9878/2021
Sonu Bairwa Vs. State of M.P. & Ors.
Date of Order 07/07/2021
Bench Division Bench:
Justice Sujoy Paul
Justice Anil Verma
Judgment delivered by Justice Sujoy Paul
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